CJ313 The Law of Evidence

for SP 2013

Mission Statement: Park University provides access to a quality higher education experience that prepares a diverse community of learners to think critically, communicate effectively, demonstrate a global perspective and engage in lifelong learning and service to others.

Vision Statement: Park University, a pioneering institution of higher learning since 1875, will provide leadership in quality, innovative education for a diversity of learners who will excel in their professional and personal service to the global community.

Course

CJ 313 The Law of Evidence

Semester

SP 2013 HO

Faculty

Greg Plumb

Title

Professor of Criminal Justice

Degrees/Certificates

B.A. in History & Economics from University of Missouri at ColumbiaJ.D. from University of Missouri at Columbia

Course Description:
This intermediate course examines the rules of evidence as they relate to the prosecution and defense of criminal cases, general provisions, judicial notice, presumptions, relevancy, privileges, witnesses, hearsay, expert testimony, authentication, and identification.

Educational Philosophy:Professor Plumb's educational philosophy is based on using a variety of methods in learning, focusing on the interactive. Lectures, readings, quizzes, group work, class discussion, examinations, writing, and use of the Internet are significant components of this learning process. Students will be required to analyze, criticize, and synthesize information learned and apply this information in the analysis of evidentiary issues in case studies.

Learning Outcomes:Core Learning Outcomes

Distinguish what evidence is and how it affects the processing of a criminal case, the different types of evidence as introduced at trial, and the issues surrounding the use of witnesses as evidence in a criminal case.

Critique hearsay evidence and privileged communications.

Compare the types of searches utilized in the criminal justice system and the evidentiary issues that surround them, while understanding the process of preparing a case for trial.

Class Assessment:A variety of methods will be used to assess the learning that occurs in this course. Students will be assessed on their class participation, performance in group work, performance on periodic written assignments, examinations, and a major paper. See “Grading” below for greater specificity.

Grading:

Students will be evaluated on the total number of points each student earns as compared to the greatest amount of points that may be earned in each class activity.

In determining the number of points assigned to an activity, the major factors will be the following questions:

Was the work completed?

Was the work completed correctly?

Was the work completed on time?

All assignments are due at the beginning of the class period they are due. Course grades are determined on the following allocation of points:

Participation 125

Written assignments 200

Examinations 250

Major paper 300

Group projects 125

Total 1,000

Point accumulation for grades:

900 - 1000 points - A

800 - 899 points - B

700 - 799 points - C

600 - 699 points - D

0 - 599 points - F

Late Submission of Course Materials:For each class period an assignment is late, points will be deducted. No course materials will be accepted after the last class meeting in the last week of classes.

Classroom Rules of Conduct:

1. Attend class and be prompt. Class attendance is part of class participation, which is a portion of your grade. Roll will be checked at the beginning of each class period. Since tardy entry to a class disrupts the class, your lateness for class will receive a reduction in points. Occasional in-class quizzes are part of class participation, and may NOT be made up.

2. Due to abuses by students in past semesters, there will be no excused absences. You are either present or absent. To partially make up for an absence, you must submit to the instructor by the beginning of the next class meeting you attend, an essay of one to two pages in length, summarizing the assigned reading for the class period missed. The essay must be submitted by e-mail to the instructor at the address above with the essay as an attachment. IT IS YOUR RESPONSIBILITY TO MAKE UP ANYTHING MISSED IN CLASS.

3. Be prepared for class. This means that you have read the assigned readings and are prepared to discuss them. This is a junior level course, and the expectation is that you will function at that level. This course will consist of class discussion, small group discussion, group work, and individual reporting to the class. You are expected to take part in the discussions and group work. Your in-class participation is a portion of your grade.

4. Examinations. There will be two examinations in this course - a Mid-Term and a Final. Both examinations will be in the essay format. Further information about these examinations will be provided in the website for this course.

5. There will be periodic written assignments in this course. Further information about these written assignments will be provided in the website for this course.

6. Major Paper. A major paper is required in this course. Further information about this paper will be provided in the website for this course.

7. Group Projects. There will be group projects in this course. The specifics of this requirement
and the rubric for scoring this requirement will be available on the course
website. Each student is required to submit a written segment of the project in
the appropriate dropbox.

8. All assignments MUST be submitted using Microsoft Word in the appropriate dropbox in the eCompanion site for this course. I will NOT accept assignments submitted by e-mail. Please see me if you are unfamiliar with using eCompanion.

9. Computers make writing and revising much easier and more productive. Students must recognize though that technology can also cause problems. Printers run out of ink and hard drives crash. Students must be responsible for planning ahead and meeting deadlines in spite of technology. Be sure to save copies of your work to a disk, a hard drive, and print out paper copies for backup purposes.

Course Topic/Dates/Assignments:

Week

Date

Topic

Reading

Assignment

1

Mon Jan 14

Introduction to Course

Course Syllabus

none

Wed Jan 16

Introduction to Evidence

text pp. 1-12

none

Fri Jan 18

Introduction, contd.

text pp. 13-22

none

2

Mon Jan 21

Martin Luther King Day

no classes

none

Wed Jan 23

Role of Courts

text pp. 23-35

none

Fri Jan 25

Role of Courts, contd.

text pp. 35-48

none

3

Mon Jan 28

Adjudication Process

text pp. 49-65

Written Assignment 1 (50)

Wed Jan 30

Adjudication, contd.

text pp. 65-83

none

Fri Feb 1

Types of Evidence

text pp. 85-95

none

4

Mon Feb 4

Types of Evidence, contd.

text pp. 95-103

Group Project 1 (25)

Wed Feb 6

Direct & Circumstantial Evidence

text pp. 105-117

none

Fri Feb 8

Direct & Circumstantial Evidence, contd.

text pp. 118-131

none

5

Mon Feb 11

Witnesses

text pp. 133-143

Paper Topic (25)

Wed Feb 13

Witnesses, contd.

text pp. 143-156

none

Fri Feb 15

Witnesses, contd.

text pp. 156-166

Group Project 2 (25)

6

Mon Feb 18

Presidents Day

no classes

none

Wed Feb 20

Crime Scene Evidence

text pp. 167-178

Written Assignment 2 (50)

Fri Feb 22

Crime Scenes, contd.

text pp. 178-191

none

7

Mon Feb 25

Crime Scenes, contd.

text pp. 191-200

none

Wed Feb 27

Documentary Evidence

text pp. 201-212

none

Fri Mar 1

Documentary Evidence, contd.

text pp. 212-221

Group Project 3 (25)

8

Mon Mar 4

Documentary Evidence, contd.

text pp. 221-227

Paper Reading List (75)

Wed Mar 6

Review

none

Fri Mar 8

Mid-Term Exam

(100)

x

Mar 11-15

Spring Recess

no classes

none

9

Mon Mar 18

Hearsay

text pp. 229-248

none

Wed Mar 20

Hearsay, contd.

text pp. 248-265

none

Fri Mar 22

Hearsay, contd.

text pp. 265-281

none

10

Mon Mar 25

Privileges

text pp. 283-299

Written Assignment 3 (50)

Wed Mar 27

Privileges, contd.

text pp. 299-309

Group Project 4 (25)

Fri Mar 29

Good Friday

no classes

none

11

Mon Apr 1

Search & Seizure

text pp. 311-321

Paper Draft (100)

Wed Apr 3

Search & Seizure, contd.

text pp. 322-336

none

Fri Apr 5

Search & Seizure, contd.

text pp. 336-354

none

12

Mon Apr 8

Field Interviews

text pp. 355-369

Written Assignment 4 (50)

Wed Apr 10

Field Interviews, contd.

text pp. 370-384

none

Fri Apr 12

Plain View

text pp. 385-298

Group Project 5 (25)

13

Mon Apr 15

Plain View, contd.

text pp. 398-415

Paper Final (50)

Wed Apr 17

USA PATRIOT Act

text pp. 417-444

none

Fri Apr 19

Self-Incrimination

text pp. 445-464

none

14

Mon Apr 22

Self-Incrimination, contd.

text pp. 464-479

none

Wed Apr 24

Identification

text pp. 481-501

none

Fri Apr 26

Preparing for Court

text pp. 503-526

none

15

Mon Apr 29

Paper Presentations

Paper Presentation (50)

Wed May 1

Paper Presentations, contd.

none

Fri May 3

Review

none

16

Wed May 8

Final Examination

8:00-10:00 a.m.

(150)

Academic Honesty:Academic integrity is the foundation of the academic community. Because each student has the primary responsibility for being academically honest, students are advised to read and understand all sections of this policy relating to standards of conduct and academic life. Park University students and faculty members are encouraged to take advantage of the University resources available for learning about academic honesty (www.park.edu/current or http://www.park.edu/faculty/).from Park University 2011-2012 Undergraduate Catalog Page 95-96

Plagiarism:Plagiarism involves the use of quotations without quotation marks, the use of quotations without indication of the source, the use of another's idea without acknowledging the source, the submission of a paper, laboratory report, project, or class assignment (any portion of such) prepared by another person, or incorrect paraphrasing. from Park University 2011-2012 Undergraduate Catalog Page 95

The instructor may excuse absences for valid reasons, but missed work must be made up within the semester/term of enrollment.

Work missed through unexcused absences must also be made up within the semester/term of enrollment, but unexcused absences may carry further penalties.

In the event of two consecutive weeks of unexcused absences in a semester/term of enrollment, the student will be administratively withdrawn, resulting in a grade of "F".

A "Contract for Incomplete" will not be issued to a student who has unexcused or excessive absences recorded for a course.

Students receiving Military Tuition Assistance or Veterans Administration educational benefits must not exceed three unexcused absences in the semester/term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student.

Report of a "F" grade (attendance or academic) resulting from excessive absence for those students who are receiving financial assistance from agencies not mentioned in item 5 above will be reported to the appropriate agency.

Disability Guidelines:Park University is committed to meeting the needs of all students that meet the criteria for special assistance. These guidelines are designed to supply directions to students concerning the information necessary to accomplish this goal. It is Park University's policy to comply fully with federal and state law, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, regarding students with disabilities. In the case of any inconsistency between these guidelines and federal and/or state law, the provisions of the law will apply. Additional information concerning Park University's policies and procedures related to disability can be found on the Park University web page: http://www.park.edu/disability .

Additional Information:

Bibliography:

Rubric

Competency

Exceeds Expectation (3)

Meets Expectation (2)

Does Not Meet Expectation (1)

No Evidence (0)

Synthesis Outcomes2

The artifact assembles at least 8

Sources from class readings, observations, and other resources

The artifact assembles at least 6-8 sources from class readings, observations, and other resources

The artifact assembles 5 or fewer sources from only one resource

The artifact does not utilize proper resources

Analysis Outcomes1,2

The artifact will display the use of at least 8 outside sources and the ability to draw a well supported conclusion about the case chosen

The artifact will display the use of at least 6-8 sources and an adequate conclusion about the case chosen

The artifact will display the use of 5 or fewer outside resources and show little ability to draw a conclusion about the case chosen

The artifact does not display a proper conclusion about the case chosen

Evaluation Outcomes1,2

The artifact demonstrates the student's ability to utilize 3 or more evaluation perspectives in examining the facts contained in the case chosen.

The artifact demonstrates the student's ability to utilize 2 evaluation perspectives in examining the facts contained in the case chosen

The artifact contains 1 evaluation perspective in examining the facts contained in the case chosen

Evaluation is not present in the artifact

Terminology Outcomes1, 3

The artifact contains no errors in terminology

The artifact contains 1-2 errors in terminology

The artifact contains 3-4 mistakes in terminology

The artifact contains 5 or more errors in terminology

Concepts Outcomes1, 3

The artifact discusses more than 5 key elements and displays an exceptional understanding of the elements

The artifact discusses 5 key elements and displays an understanding of the elements

The artifact discusses fewer than five key elements and displays little understanding of the elements

The artifact does not discuss key elements

Application Outcomes2, 3

The artifact shows multiple instances and exceptional understanding of terminology and concepts through out the paper

The artifact shows sufficient and satisfactory use of terminology and concepts throughout the paper

The artifact shows little and unsatisfactory use of terminology and concepts throughout the paper

The artifact fails to demonstrate an understanding of terminology and concepts

Whole Artifact Outcomes1, 2, 3

The artifact is in APA or MLA format, is at least 6 pages in length, and displays proper grammar and no spelling errors

The artifact is in APA or MLA format, is 4-6 pages in length, displays proper grammar, and no more than 2 spelling errors

The artifact is not in a proper format, contains multiple grammar errors, and more than 2 spelling errors

The artifact is not in proper format, contains multiple grammar errors , and multiple spelling errors

Component Outcomes1, 2, 3

The artifact contains the following:

-Title page

-Body

-Bibliography with at least 8 sources

-outline

The artifact contains the following:

-Title page

-Body

-Bibliography of at least 6-8 sources

The artifact does not contain one or more of the following:

-title page

-body,

-bibliography of at least 5 sources

The artifact is missing most of the required elements

Copyright:

This material is protected by copyright
and can not be reused without author permission.